U.S. COURT OF APPEALS REJECTS INTERIOR SECRETARY NORTON’S CLAIM OF ATTORNE

[Wetzelbill]

U.S. COURT OF APPEALS REJECTS INTERIOR SECRETARY NORTON’S CLAIM OF ATTORNEY-CLIENT PRIVILEGE
Washington, D.C., September 10: In a significant victory for Indians seeking a full accounting of their trust funds and full accountability for mismanagement of the Individual Indian Trust, an independent three-judge panel of the U.S. Court of Appeals for the District of Columbia unanimously reaffirmed Judge Lamberth's decision and sharply rebuked Interior Secretary Norton in her improper efforts to withhold critical information from the Indian trust beneficiaries throughout her troubled trusteeship.

The Court of Appeals held that Secretary Norton has “waived” any rights to challenge “the District Court’s application of the fiduciary exception to the attorney-client privilege and the work product doctrine”. The Court of Appeals therefore dismissed the appeals “with prejudice” and permitted plaintiffs ’ costs to be assessed.

In addition, the appellate court ordered Ms. Norton in her individual capacity to show cause why she should continue to participate in these proceedings and thereby allow her personal counsel to run up legal fees at tax payer expense. To date, her personal counsel has been paid approximately $500,000, primarily for an amicus brief in a prior appeal in this case.

Elliott Levitas who has led the appellate defense for plaintiffs explained the importance of this ruling:

http://www.indiantrust.com/index.cfm?

FuseAction=PressReleases.ViewDetail&PressRelease_id=93&Month=9&Year=2003

[Bandit]

1. Will we hear "Executive Privelige" or Security reasons?

One way or another she will get out of relinquishing the important information.

[Wetzelbill]

2. Repubs

are trying to put a cap on settlements anyway, so this case is destined to never be settled the way it should be.

[hatrack]

3. Good thing Gale has a job waiting back at Mountain States Legal

She and her old mentor, James Watt, can sit in one of the back cubicles and throw darts at the Apocalypso-Board and run the office betting pool on when Jesus will return, obviating any need for land stewardship - that is, when they're not busy suing SUWA or the Sierra Club.

[jburton]

4. Norton

She could always get a job in the snowmobile industry.